What to Do If You Face Disability Discrimination in the Workplace
The above picture is a copy of the Americans with Disability Acts sitting on a desktop.
People with disabilities are over one-third less likely to be hired. That's in spite of the fact that only 2-4% of disabilities cause substantial difficulty in function. Disability is a prevalent, worldwide issue - yet employers fail to understand it.
The result?
Disability discrimination remains common to this day. It manifests through actions like unfair hiring practices and unequal pay.
But you don't have to sit there are take it. You have rights, and you need to know how to defend them when you're facing unfair treatment.
Keep reading to learn what to do when you're facing workplace discrimination.
Common Forms of Disability in the Workplace
Workplace discrimination can take many forms.
You might be treated less favorably because of your disability, which is "direct" discrimination. This could involve getting lower pay than your colleagues or being passed over for a promotion.
"Indirect" discrimination is more subtle.
It happens when a policy disadvantages employees with disabilities. For example, an employer who sets physical requirements for a job that has nothing to do with its tasks could be considered indirect discrimination.
Harassment is the final, and most insidious form, where an individual is subjected to unwanted behavior because of a disability. If you've been mocked, belittled, or made uncomfortable because of it, you have been a victim of workplace harassment.
The Warning Signs of Discrimination
Recognizing the warning signs of disability discrimination can be challenging.
However, there are specific indicators you should be aware of. A sudden change in your treatment at work after disclosing your disability could be a sign.
This might be altered job responsibilities, exclusion from meetings or social functions, or changes in attitude from your superiors or colleagues.
Another warning sign is persistent negative comments or jokes about your disability. If you constantly have to explain your disability to comments or defend yourself, it might be a sign of discrimination.
Similarly, another strong indicator is if your employer refuses to make reasonable accommodations for your disability.
Hidden Forms of Disability Discrimination
Subtle actions and excuses can cover up hidden discrimination in the workplace.
They include microaggressions and assumptions. Offhand comments, unconscious about a disability are mentally exhausting. Assumptions about your abilities made by a superior can lead to you being denied opportunities.
Another hidden form of discrimination is tokenism.
This is where you're hired not because of your hard-won skills, but to make a company appear inclusive. While it might seem like a positive step, tokenism undermines your abilities and perpetuates harmful stereotypes. It's also a sign that a workplace openly discriminates - but wants to appear outwardly that it doesn't.
Your Rights as an Employee: Disability Law and Worker's Rights
You're protected by disability law and worker's rights.
Period.
Your employer can't treat you differently thanks to the Americans with Disabilities Act. Your employer also must keep your disability confidential. They must provide you with reasonable accommodations.
And they must implement policies that crack down on harassment and bullying.
Documenting Disability Discrimination in the Workplace
If you suspect you're facing discrimination, it's vital to document the incidents.
This means keeping a track record. Conversations, actions, and decisions that impact you should all be evidenced. Include the date, time, location, and people involved.
The more detailed your documentation, the easier it is for you to protect your disability rights.
You should also keep other relevant files that support your claim. These could be memos, emails, and performance reviews. Ask any witnesses to provide statements or testify on your behalf.
This evidence is crucial for reporting. It will be vital when you file a complaint - or if you decide to file a lawsuit.
Steps To Take When Reporting Discrimination
Once you've documented the discrimination, it's time to report it.
You should first report the incident to your human resources department or employer. Provide all the evidence you've gathered and explain how the discrimination affected you.
If your employer fails to address the issue, you can then file a complaint with a government agency. The Equal Employment Opportunity Commission (EEOC) will investigate your claim. They may even take legal action against your employer.
Yet, remember you don't need a mountain of evidence to speak up.
Reporting discrimination isn't only about seeking justice for yourself. It creates an inclusive environment for everybody.
Legal Action in the Workplace
If reporting the issue doesn't resolve it, you might consider legal action.
This means hiring a lawyer and filing a lawsuit. A successful lawsuit can result in compensation for:
- Lost wages
- Punitive damages
- Emotional distress
However, bear in mind that legal action is the nuclear option. It's your right to seek compensation, but it should also remain a last resort. Only when you have exhausted your ability to liaise with your employer or with government agencies should you consider this step.
This is because a lawsuit is very time-consuming, costly, and emotionally draining. You'll require strong evidence to prove your claim and need to find a qualified, experienced lawyer to plead your case.
Finding Support and Resources
You're not alone.
Organizations like the Disability Rights Education & Defense Fund (DREDF) or the Job Accommodation Network (JAN) can help. They provide information, advocacy, and assistance to individuals facing workplace discrimination.
Online forums are also valuable resources.
They offer people a platform to share experiences and find solidarity with others. Don't hesitate to reach out and ask for aid.
Advocate for Change
Facing disability discrimination can be a daunting experience that sticks with you for years.
Never forget you have the right to equal treatment. Understand disability discrimination, recognize its signs, and document and report incidents should they occur. With the right knowledge, you can take a stand against discrimination and advocate for an inclusive, equitable workplace.
DisABLED Person Inc. carefully curates open job listings to help people with disabilities find better employment opportunities. You can browse our job board by clicking here.